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Madras High CourtWP/33535/2013closed

A.Govindaraj, v. State Of Tamil Nadu, Rep. By

2020-08-14Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.33535 of 2013 A.Govindaraj ... Petitioner Vs.

1.State of Tamil Nadu rep. by Secretary, Environment and Forests (FR2) Department, Fort St.George, 2.The Principal Chief Conservator of Forests, Pangal Maligai, Saidapet, 3.The Conservator of Forests, Coimbatore.

4.The Divisional Forest Officer, Ramanathapuram Division, Ramanathapuram.

5.Thiru.M.Radha ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the third respondent to include the name of the petitioner below Serial No.28 (Seniority No.4068) Mr.C.Rajendran and above Serial No.29 (Seniority No.4070) Mr.M.Radha in his proceedings Ref.No.E4/2854/2012 dated 20.3.2012 and further direct the respondents to appoint the petitioner as Forest Watcher from the date on which the fifth respondent was appointed as Forest Watcher and pay all service benefits and other monetary benefits. For Petitioner : Mr.K.M.Ramesh For Respondents : Mr.M.Elumalai Government Advocate

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the third respondent to include the name of the petitioner below Serial No.28 (Seniority

No.4068) Mr.C.Rajendran and above Serial No.29 (Seniority No.4070) Mr.M.Radha in his proceedings Ref.No.E4/2854/2012 dated 20.3.2012 and to further direct the respondents to appoint the petitioner as Forest Watcher from the date on which the fifth respondent was appointed as Forest Watcher and to pay all service benefits and other monetary benefits. 2.The case of the petitioner is that the petitioner was appointed as Plot Watcher on temporary basis on 11.03.1985. The first respondent passed G.O.Ms.No.64 dated 06.03.1999 directing the second respondent to prepare a Statewide seniority among the Plot Watchers/ Social Forestry Workers working in the Department for the purpose of permanent appointment. Accordingly, the second respondent prepared a Statewide seniority list and the petitioner's name was placed in Serial No.4069. 3.

It is the further case of the petitioner that the third respondent passed an order dated 20.03.2012 appointing Plot Watchers as Forest Watchers as per the Statewide seniority list, wherein, juniors to the petitioner were appointed and the petitioner was not appointed as Forest Watcher. Aggrieved by the same, the petitioner made representation to respondents 1 and 2 and since there was no action, came forward to file this writ petition.

4.The learned Government Advocate would submit that during the pendancy of this writ petition, the petitioner was promoted as Forest Watcher (Vanakkavalar) and further promoted as Forest Guard (Vanakkappalar) and he retired from service on 31.01.2020 on attaining the age of superannuation. Hence, nothing survives for adjudication in this writ petition.

5.Recording the submissions made by the learned Government Advocate, this writ petition is closed. No costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar pri To 1.The Secretary, Environment and Forests (FR2) Department, Fort St.George,

2.The Principal Chief Conservator of Forests, Pangal Maligai, Saidapet, 3.The Conservator of Forests, Coimbatore.

4.The Divisional Forest Officer, Ramanathapuram Division, Ramanathapuram.

W.P.No.33535 of 2013 A.SK(09/10/2020)